[Federal Register Volume 59, Number 120 (Thursday, June 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15256]


[[Page Unknown]]

[Federal Register: June 23, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[NC-042-4020a; NC-046-5136a; NC-048-5339a; NC-50-6440a; NC-059-6276a; 
FRL-4999-8]

 

Approval and Promulgation of Implementation Plans North Carolina: 
Approval of Revisions to the Volatile Organic Compound (VOC) 
Regulations

agency: Environmental Protection Agency (EPA).

action: Final rule.

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summary: On September 21, 1989, January 14, 1991, April 29, 1991, and 
July 19, 1993, the State of North Carolina, through the North Carolina 
Department of Environment, Health and Natural Resources (NCDEHNR), 
submitted revisions to the Volatile Organic Compound (VOC) portion of 
the North Carolina State Implementation Plan (SIP). In addition to the 
SIP revisions listed above, North Carolina, through the NCDEHNR, 
submitted amended VOC regulations on August 13, 1991, for the 
Mecklenburg County Department of Environmental Protection (MCDEP). The 
revisions were submitted in response to the May 26, 1988, declaration 
to North Carolina that their SIP was substantially inadequate to 
achieve the National Ambient Air Quality Standards (NAAQS) for ozone 
(O3). In this notice, EPA is approving those revisions which 
correct all deficiencies identified in the May 26, 1988, SIP call with 
the exception of a Capture Efficiency rule. These revisions also delete 
unnecessary cross references, alphabetize definitions and make 
grammatical corrections.

dates: This final rule will be effective August 22, 1994, unless notice 
is received by July 25, 1994, that someone wishes to submit adverse or 
critical comments. If the effective date is delayed, timely notice will 
be published in the Federal Register.

addresses: Copies of the State's submittal are available for review 
during normal business hours at the following locations:

Air and Radiation Docket and Information Center (Air Docket 6102), 
Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460.
Environmental Protection Agency, Region IV, Air Programs Branch, 345 
Courtland Street NE., Atlanta, Georgia 30365.
North Carolina Department of Environment, Health and Natural 
Resources, Division of Environmental Management, 512 North Salisbury 
Street, Raleigh, North Carolina 27604.
Mecklenburg County Department of Environmental Protection, 
Environmental Management Division, 700 N. Tryon Street, Charlotte, 
North Carolina 28202.

for further information contact: Dick Schutt of the EPA Region IV Air 
Programs Branch at (404) 347-2864 and at the addresses listed in the 
addresses section.

supplementary information: The Clean Air Act (CAA) as amended in 1977 
provided an attainment date of December 31, 1982, for the O3 and 
carbon monoxide (CO) NAAQS. However, states could seek an extension to 
as late as December 31, 1987. In a Federal Register extension to 
December 31, 1987, for the Mecklenburg County CO nonattainment area, 
but did not extend the attainment date for O3 (40 CFR 52.1773). At 
that time, all other areas in North Carolina had air quality data below 
the secondary standards, were unclassifiable, or were subject to an 
attainment date of July 1975.
    On May 26, 1988, EPA notified the Governor of North Carolina that 
areas of the State had failed to attain the NAAQS for O3 and CO. 
Since the applicable attainment dates had passed, the North Carolina 
SIP was declared substantially inadequate to achieve the NAAQS for 
O3 and CO. EPA requested that North Carolina respond to the 
inadequacies in two phases. The first response was due approximately 
one year following issuance of the SIP call and the second was due 
following issuance of final EPA policy program requirements for O3 
and CO nonattainment areas and/or reauthorization of the Clean Air Act 
(CAA). One of the Phase I requirements called for correction of EPA 
identified VOC deviations within the North Carolina SIP.
    On November 15, 1990, the Clean Air Act Amendments of 1990 (CAA) 
were enacted. (Public Law 101-549, 101 Stat. 2399, codified at 42 
U.S.C. 7401-7671q). In section 182(a)(2)(A) of the CAA, Congress 
codified the requirement that states with areas classified as marginal 
or above prior to enactment revise their SIPs so that the SIPs 
conformed with EPA's pre-amendment guidance.\1\ Section 182(a)(2)(A) 
established a deadline of May 15, 1991, for submittal of these 
Reasonably Available Control Technology (RACT) ``fix-ups.''
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    \1\Among other things, the pre-amendment guidance consists of 
the Post-87 Policy, 52 FR 45044 (Nov. 24, 1987); the Blue Book, 
``Issues Relating to VOC Regulation Cutpoints, Deficiencies and 
Deviations, Clarification to appendix D of November 24, 1987, 
Federal Register Notice;'' and the existing Control Techniques 
Guidelines (CTG's).
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    Volatile Organic Compounds (VOCs) are a precursor to O3. The 
States were required to develop regulations to control VOCs. North 
Carolina submitted revisions to the State VOC regulations on September 
21, 1989, January 14, 1991, April 29, 1991, and July 19, 1993. North 
Carolina also submitted revisions to the Mecklenburg County portion of 
the North Carolina SIP VOC regulations on August 13, 1991, which are at 
least as stringent as those regulations submitted for the State. These 
submittals were in response to the May 26, 1988, letter to the Governor 
and the RACT fix-up requirements. A brief description of each revision 
follows. These revisions are more fully discussed in the official SIP 
submittal that is available at the Region IV office listed under the 
ADDRESSES section of this document.
    15 NCAC 2D.0101--Definitions. The list of definitions was amended 
to alphabetize definitions contained therein, to clarify the definition 
of air pollutant, and to move the definitions of approved, capture 
system, control device, day, emission, and person from 15 NCAC 2D.0901 
to 15 NCAC 2D.0101 because they are more applicable to the entire 
Subchapter 15 NCAC 2D.
    15 NCAC 2D.0531--Sources in Nonattainment Areas. North Carolina 
amended this rule to delete obsolete references to graphs contained in 
the Mecklenburg County nonattainment plan. This rule is also amended to 
require that all sources subject to this rule obtain offsets by 
deleting waiver procedures.
    15 NCAC 2D.0901--Definitions. The definitions for construction, 
facility, owner or operator, and source are being deleted from 15 NCAC 
2D.0901 because they are already included in 15 NCAC 2D.0101. The 
definitions for approved, capture system, control device, day, 
emission, and person are being deleted from 15 NCAC 2D.0901 and moved 
to 15 NCAC 2D.0101. The definitions of coating, delivered to the 
applicator, high solids coating, low solvent coating, and substrate are 
being added to 15 NCAC 2D.0901. In the April 29, 1991, submittal, North 
Carolina modified the definition of low solvent coating by correcting 
the phrase ``high solvents'' to read ``high solids''. The definitions 
of coating line, prime coat, shutdown, top coat, and volatile organic 
compounds in 15 NCAC 2D.0901 were clarified. The definition of solvent 
in 15 NCAC 2D.0901 is being changed to delete a redundant phrase.
    Among the definitions being clarified in 15 NCAC 2D.0901 is the 
definition for volatile organic compounds (VOCs). North Carolina 
revised this definition to eliminate the use of a vapor pressure 
cutoff, and to list all exempt VOCs. The definition includes all exempt 
VOCs.
    15 NCAC 2D.0902--Applicability. Paragraph (c) is deleted from this 
rule. This paragraph contained the list of compounds that are not 
considered to be VOCs. The list of exempt compounds was added to the 
definition of VOC, making this paragraph superfluous.
    15 NCAC 2D.0903--Recordkeeping: Reporting: Monitoring. The changes 
to this rule submitted on September 21, 1989, were withdrawn by North 
Carolina on April 17, 1990. The revision was withdrawn to resolve a 
problem identified by the EPA in a letter from Bruce Miller, Chief, Air 
Programs Branch, to Lee Daniel, Chief, Air Quality Section, dated 
January 9, 1990. This letter states that North Carolina must add a 
provision to 15 NCAC 2D.0903 stating that the owner or operator of any 
VOC source shall maintain daily records to determine compliance. North 
Carolina amended this rule in the April 29, 1991, submittal to require 
monitoring reports and related information to be maintained, at a 
minimum, on a daily basis.
    15 NCAC 2D. 0912--General Provisions on Test Methods and 
Procedures. The changes to this rule in paragraph (a) submitted on 
September 21, 1989, were withdrawn by North Carolina on April 17, 1990. 
The revision was withdrawn to resolve a problem identified by the EPA 
in a letter from Bruce Miller, Chief, Air Programs Branch, to Lee 
Daniel, Chief, Air Quality Section, dated January 9, 1990. This letter 
states that North Carolina must revise 15 NCAC 2D.0912(a) to say ``* * 
* unless the Director or EPA requests such demonstration.'' In the 
submittal of January 14, 1991, North Carolina amended this rule to 
remove the discretion of the Director of the Division of Environmental 
Management (DEM) to approve alternate test methods without EPA 
approval.
    North Carolina added paragraphs (f) and (g) of this rule in the 
September 21, 1989 submittal. Paragraph (f) addresses compliance 
determination. Paragraph (g) contains provisions which specify that 
tests conducted by the State or EPA take precedence over tests 
conducted by the source. In addition, 2D.0912 contains the general 
provision that specifies a daily compliance timeframe for emission 
limits.
    15 NCAC 2D.0913--Determination of Volatile Content of Surface 
Coatings. North Carolina added a sentence to specify that exempt 
compounds are to be treated as water. In addition, North Carolina made 
a grammatical correction and changed a cross reference to the list of 
exempted compounds in 15 NCAC 2D.0902(c), which is deleted. The amended 
rule references the VOC definition in 15 NCAC 2D.0901--Definitions, 
which contains the list of exempted compounds.
    15 NCAC 2D.0917--Automobile and Light Duty Truck Manufacturing, 15 
NCAC 2D.0918--Can Coating, 15 NCAC 2D.0919--Coil Coating, 15 NCAC 
2D.0922--Metal Furniture Coating, 15 NCAC 2D.0923--Surface Coating of 
Large Appliances, 15 NCAC 2D.0924--Magnet Wire Coating, and 15 NCAC 
2D.0934--Coating of Miscellaneous Metal Parts and Products. North 
Carolina amended these rules to remove the unnecessary cross reference 
to out-of-date compliance schedules and to change the emission limits 
from pounds of VOC per gallon of coating, excluding water, to pounds of 
VOC per gallon of solids delivered. On April 17, 1990, in a letter from 
George Everett, Director, Division of Environmental Management, to 
Greer Tidwell, Region IV Administrator, EPA, North Carolina withdrew a 
paragraph within each of these rules to resolve a grandfathering 
provision that is inconsistent with EPA policy. EPA identified the 
problems in the January 9, 1990, letter from Bruce Miller to Lee 
Daniel. The April 29, 1991, submittal revised these sections so that 
sources subject to the Control Techniques Guidelines (CTG) cannot be 
exempt.
    15 NCAC 2D.0920--Paper Coating. North Carolina amended this rule to 
clarify the definition of paper coating. This rule was also amended to 
change the emission limit from pounds of VOC per gallon of coating, 
excluding water, to pounds of VOC per gallon of solids and to remove an 
unnecessary cross reference. On April 17, 1990, in a letter from George 
Everett to Greer Tidwell, North Carolina withdrew paragraph (e) of this 
rule to resolve a grandfathering provision that is inconsistent with 
EPA policy. EPA identified the problem in the January 9, 1990, letter 
from Bruce Miller to Lee Daniel.
    15 NCAC 2D.0921--Fabric and Vinyl Coating. North Carolina amended 
this rule to clarify the definitions of fabric coating and vinyl 
coating. This rule was also amended to change the emission limit from 
pounds of VOC per gallon of coating, excluding water, to pounds of VOC 
per gallon of solids and to remove an unnecessary cross reference. On 
April 17, 1990, in a letter from George Everett to Greer Tidwell, North 
Carolina withdrew paragraph (e) of this rule to resolve a 
grandfathering provision that is inconsistent with EPA policy. EPA 
identified the problem in the January 9, 1990, letter from Bruce Miller 
to Lee Daniel.
    15 NCAC 2D.0925--Petroleum Liquid Storage in Fixed Roof Tanks, 15 
NCAC 2D.0926--Bulk Gasoline Plants, 15 NCAC 2D.0929--Petroleum Refinery 
Sources, and 15 NCAC 2D.0930--Solvent Metal Cleaning. North Carolina 
amended these rules to delete unnecessary cross references to 
compliance schedules. The compliance schedules apply to all appropriate 
rules in Chapter 2D.0900, thereby rendering the cross reference 
obsolete. 15 NCAC 2D.0925 and 15 NCAC 2D.0930 also contain grammatical 
corrections. In addition, these rules are amended to remove the 
authority of the Director of the DEM to allow equally effective 
controls or controls of equivalent efficiency in place of controls 
specifically set out in the requirements.
    15 NCAC 2D.0927--Bulk Gasoline Terminals, 15 NCAC 2D.0928--Gasoline 
Service Stations Stage I, 15 NCAC 2D.0931--Cutback Asphalt, 15 NCAC 
2D.0932--Gasoline Truck Tanks and Vapor Collection Systems, 15 NCAC 
2D.0935--Factory Surface Coating of Flat Wood Paneling, and 14 NCAC 
2D.0937--Perchloroethylene Dry Cleaning Systems. North Carolina amended 
these rules to delete unnecessary cross references to compliance 
schedules. The compliance schedule rules are applicable to all 
appropriate rules within Section 2D.0900, thereby rendering the cross 
references obsolete. 15 NCAC 2D.0928 is also amended to remove the 
authority of the Director of the DEM to allow equally effective 
controls or controls of equivalent efficiency in place of controls 
specifically set out in the requirements. 15 NCAC 2D.0928, 15 NCAC 
2D.0935, 15 NCAC 2D.0938 also contain grammatical corrections.
    15 NCAC 2D.0933--Petroleum Liquid Storage in External Floating Roof 
Tanks. North Carolina revised this rule to amend a cross reference to 
the definition of VOCs and to delete an unnecessary cross reference to 
compliance schedules. The cross reference to the definition of VOCs is 
amended to reflect its new paragraph number, which changed when the 
definitions in 15 NCAC 2D.0901 were reordered. The unnecessary cross 
reference to the compliance schedules is deleted because the compliance 
schedule rules are applicable to all appropriate rules within Section 
2D.0900, thereby rendering the cross references obsolete. This rule 
also contains grammatical corrections.
    15 NCAC 2D.0936--Graphic Arts. North Carolina amended this rule to 
add an additional control option. The option allows flexographic 
printing and packaging rotogravure printing operations to comply by 
using ink that contains no more than 0.5 pounds of VOC per pound of 
solids. Additionally, at the request of Mecklenburg County, the 
definition of ``packaging rotogravure printing'' is changed to apply 
only to printing with a gravure press. This rule is also amended to 
delete an unnecessary cross reference to compliance schedules. The 
compliance schedule rules are applicable to all appropriate rules 
within Section 2D.0900, thereby rendering the cross references 
obsolete.
    15 NCAC 2D.0941--Alternate Method for Leak Tightness. North 
Carolina amended this rule to require the use of a check valve to 
prevent water from flowing back into the water supply. Without the 
check valve to prevent backflow, this procedure is in violation of the 
State plumbing code when a potable water supply is used to fill the 
tank being tested. This rule also contains grammatical corrections.
    15 NCAC 2D.0943--Synthetic Organic Chemical and Polymer 
Manufacturing. North Carolina amended this rule to correct a cross 
reference to Appendix E of 40 CFR 60. Appendix E contained a list of 
chemicals that has been moved to 40 CFR 60.489. The changes in the 
cross reference reflect the new location of the list of chemicals. This 
rule also contains grammatical corrections.
    15 NCAC 2H.0603--Applications. North Carolina amended this rule to 
require permits for sources subject to the requirements of 15 NCAC 
2D.0531--Sources in Nonattainment Areas, and to require that those same 
permits undergo a public comment period before issuance. This rule is 
also amended to require that permits for sources of VOCs located in 
O3 nonattainment areas that use an optional alternative control, 
undergo the public hearing process and be adopted as part of the 
federally approved SIP.
    In this notice, EPA is approving the revisions to North Carolina's 
SIP in Chapters 2D.0900--Volatile Organic Compounds, 2D.0101--
Definitions, 2D.0531--Sources in Nonattainment Areas, and 2H.0603--
Applications and the revisions submitted for the MCDEP. However, EPA 
expects the State to correct a deficiency in the State's capture 
efficiency (CE) regulations pursuant to the SIP call letter for O3 
from Greer C. Tidwell, the EPA Regional Administrator, to Governor 
James G. Martin on May 25, 1988 and clarified in a June 10, 1988 letter 
from Winston A. Smith, EPA Region IV Air Division Director to Lee 
Daniel, Chief of the Air Quality Section, North Carolina Division of 
Environmental Management. EPA informed the NCDEHNR in a letter dated 
April 6, 1992, of EPA's Office of Air Quality Planning and Standards 
(OAQPS) 12-month study to identify less costly means of determining CE. 
(See the March 20, 1992, memorandum from John S. Seitz, Director of the 
OAQPS entitled, ``Reanalysis of Capture Efficiency (CE) Guidance''.) 
The State was given the option of withdrawing the CE regulations until 
after the study was complete. At this time, the study is complete and 
the EPA expects to issue the final guidance document in mid 1994. 
NCDEHNR is not required to submit CE regulations until EPA issues the 
final guidance document.

Final Action

    EPA is approving the North Carolina air quality revisions listed 
above as partially fulfilling the RACT fix-up requirement. North 
Carolina must still correct the O3 SIP to address the CE rule 
after EPA issues the final guidance document on CE regulations.
    This action is being taken without prior proposal because the 
changes are noncontroversial and EPA anticipates no significant 
comments on them. The public should be advised that this action will be 
effective August 22, 1994. However, if adverse or critical comments are 
received by July 25, 1994, two subsequent documents will be published. 
One document will withdraw this final action. The second document will 
be the final rulemaking notice and will address the comments received.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under section 110 and subchapter I, part D of the CAA 
do not create any new requirements, but simply approve requirements 
that the State is already imposing. Therefore, because the federal SIP-
approval does not impose any new requirements, I certify that it does 
not have a significant impact on any small entities affected. Moreover, 
due to the nature of the federal-state relationship under the CAA, 
preparation of a regulatory flexibility analysis would constitute 
federal inquiry into the economic reasonableness of state action. The 
CAA forbids EPA to base its actions concerning SIPs on such grounds. 
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S. Ct. 1976); 
42 U.S.C. section 7410(a)(2).
    This action has been classified as a Table 2 Action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993, 
memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
Air and Radiation. A future document will inform the general public of 
these tables. On January 6, 1989, the Office of Management and Budget 
(OMB) waived Table 2 and Table 3 SIP revisions from the requirement of 
section 3 of Executive Order 12291 for a period of two years. The EPA 
has submitted a request for a permanent waiver for Table 2 and Table 3 
SIP revisions. The OMB has agreed to continue the waiver until such 
time as it rules on the USEPA's request. This request continues in 
effect under Executive Order 12866 which superseded Executive Order 
12291 on September 30, 1993.
    Nothing in this action shall be construed as permitting or allowing 
or establishing a precedent for any future request for a revision to 
any state implementation plan. Each request for revision to the state 
implementation plan shall be considered separately in light of specific 
technical, economic and environmental factors and in relation to 
relevant statutory and regulatory requirements.
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by August 22, 1994. Filing a 
petition for reconsideration by the Administrator of the final rule 
does not affect the finality of this rule for the purpose of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule of action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Air pollution control, Hydrocarbons, Incorporation by Reference, 
Intergovernmental relations, O3, Reporting and Recordkeeping 
requirements.

    Dated: May 24, 1994.
Patrick M. Tobin,
Acting Regional Administrator.

    Part 52 chapter I, title 40, Code of Federal Regulations, is 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart II--North Carolina

    2. Section 52.1770 is amended by adding paragraph (c)(67) to read 
as follows:


Sec. 52.1770  Identification of plan.

* * * * *
    (c) * * *
    (67) Revisions to the VOC portion of the North Carolina SIP to 
correct deficiencies submitted on September 21, 1989, January 14, 1991, 
and April 29, 1991, and July 19, 1993, revisions to VOC regulations of 
the Mecklenburg County Department of Environmental Protection submitted 
on August 13, 1991.
    (i) Incorporation by reference.
    (A) Amendments to the North Carolina regulations 15 NCAC 2D.0101, 
.0531, .0901 except (12) and (28), .0913(b), .0917 except (d), .0918 
except (d), .0919 except (d), .0920 except (e), .0921 except (d), .0922 
except (d), .0923 except (e), .0924 except (d), .0925 except (d)(1), 
.0926 except (g), .0927, .0928 except (e), .0929 except (d), .0930 
except (e)(3) and (f)(2), .0931, .0932, .0933 except (f), .0934 except 
(e), .0935, .0936, .0937, .0938, .0941, and 2H.0603 effective December 
1, 1989.
    (B) Amendments to the North Carolina regulations 15 NCAC 2D.0901 
(28), .0902(c), .0913(a), .0925(d)(1), .0926(g), .0928(e), .0929(d), 
.0930 (e)(3) and (f)(2), .0933(f), .0943 (a) (8) and (10) which were 
effective March 1, 1991.
    (C) Amendments to the North Carolina regulations 15 NCAC 
2D.0901(12), .0917(d), .0918(d), .0919(d), .0920(e), .0921(d), 
.0922(d), .0923(e), .0924(d), and .0934(e) effective on July 1, 1991.
    (D) Amendments to the North Carolina regulations 15 NCAC 2D.0903 
and 2D.0912 effective on July 1, 1993.
    (E) Amendments to the Mecklenburg County Department of 
Environmental Protection regulations 2.0901, 2.0902, 2.0913, 2.0925, 
2.0926, 2.0928, 2.0929, 2.0930, 2.0933, 2.0934, 2.0943, 2.0944 
effective March 1, 1991.
    (F) Amendments to the Mecklenburg County Department of 
Environmental Protection regulations 2.0903, 2.0912 effective July 1, 
1991.
    (ii) Other material. None.
    3. Section 52.1780 is added to read as follows:


Sec. 52.1780  VOC rule deficiency correction.

    The revisions submitted to EPA for approval on September 21, 1989, 
January 14, 1991, April 29, 1991, August 13, 1991, and July 19, 1993, 
were intended to correct deficiencies cited in a letter calling for the 
State to revise its SIP for O3 from Greer C. Tidwell, EPA Regional 
Administrator to Governor James C. Martin on May 25, 1988, and 
clarified in a letter from Winston A. Smith, EPA Region IV Air Division 
Director to the Chief of the Air Quality Section, North Carolina 
Division of Environmental Management. The deficiency in the following 
aspect of the rule has not been corrected.
    (a) Procedures used to determine capture control device efficiency 
should be contained in 2D.0914. This deficiency must be corrected as 
soon as EPA issues final guidance on Capture Efficiency regulations.
    (b) (Reserved.)
[FR Doc. 94-15256 Filed 6-22-94; 8:45 am]
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